Understanding Florida Statute 732.901: Production of Wills

Florida Statute 732.901 outlines the legal requirements for handling a will after the testator’s death. Here’s a breakdown of the statute for easier understanding and reference:

Key Provisions of Florida Statute 732.901

1. Depositing the Will with the Court:
   • The custodian of a will (the individual or entity holding the will) is required to deposit the will with the clerk of the court in the county where the decedent’s estate is being administered.
   • This must be done within 10 days of receiving information about the testator’s death.
   • When depositing the will, the custodian must provide the testator’s date of death or social security number to the clerk.
2. Compelling Production of the Will:
   • If the custodian fails to deposit the will, they may be compelled by the court to do so upon a petition and notice.
   • If the court determines that the custodian had no reasonable cause for failing to comply, they may be ordered to pay:
     • Court costs
     • Damages
     • Reasonable attorney’s fees

Historical Context of the Statute

• The statute has evolved through various legislative amendments, including changes in 1974, 1975, 1992, 1997, and 2001.
• It was originally derived from former Section 732.22.

Why Is Florida Statute 732.901 Important?

This statute ensures that wills are properly handled and that the wishes of the deceased are respected. By requiring timely deposit of the will with the court, it minimizes delays in estate administration and protects beneficiaries’ rights.

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